[Mpls] Keep Judge Zimmerman

[Greg Abbott]

I have to agree completely with Jordan Kushner's post. I was an opposing counsel in one of Lloyd Zimmerman's last cases at the EEOC. Lloyd was thoroughly prepared, thoughtful, and courteous. I thought Ventura's decision to appoint Zimmerman was simply outstanding.

While I don't know Delgado O'Neill, from what I do know of her, she would make an excellent judge. But there isn't a case for replacing an incumbent in this situation. I would encourage Delgado O'Neill to apply for open judgeships if anyone other than Tim Pawlenty wins the governor's race. She wouldn't be the first person to get appointed after creating a positive name for her/himself in a judicial election.

One of the issues here is the different nature of litigation practice in state and federal courts (also an underlying issue in the Jill Clark/Wexler race, with the challenger in the federal role). Federal litigation is slow, time-consuming, and thoughtful. The judges fully expect all the t's to crossed and the i's to be dotted. When lawyers make motions to dismiss cases, or exclude evidence, they are expected to have researched the questions presented and to submit written briefs.

State court is much more of a meat market, in my opinion. Lawyers come in and frequently wing it, and the judges make a lot of quick, seat-of-the-pants decisions. This is particularly true in criminal cases.

Most of my litigation background is in federal court, and I am often amused when a state court lawyer comes into federal court without realizing how much difference there is. A few years back, I tried a disability discrimination case as plaintiff's counsel in federal court, and after the close of the evidence, the defense lawyer made an oral Rule 50 motion to dismiss my case without submitting a brief or providing any record or evidence citations. To this day, I wish I had a picture of the federal judge's face when he realized that the lawyer had not prepared a written brief to support the motion.

On the other hand, I made an appearance in a state court trial recently to help a friend out at the last minute. There was no time to do any real briefing or research - I mostly sat and helped with technical advice and strategy. But when the evidence was closed, I spontaneously made a Rule 50 motion to dismiss, without any brief. I spent less than five minutes arguing the facts and evidence related to the motion, and I was clearly trying the patience of the state court judge by going on that long.

As you might guess, I prefer federal court to state court. I like the formality, which keeps everyone on their toes. State court is far more political than federal court, and the informality lets state court judges get away with a bunch of stuff that federal judges couldn't. On the other hand, It is harder to practice in federal court as a solo practitioner or a small firm, because the larger firms can simply pile on the motions and the discovery requests and you have to spend more time dealing with them.

I've also had the unpleasant experience of filing a case in federal court and realizing that I've bitten off more than I could chew - which is a problem because in federal court the judges usually won't let the attorney withdraw from the case absent some ethical conflict. In state court, the attorney can withdraw from a case almost at will. In federal court, you're stuck. Client won't pay the bill? Client won't agree to hire any expert witnesses? You're pretty much stuck.

I'm glad state courts are different. The judicial system would grind to a halt if federal standards of practice were applied to every case.

But if Judge Zimmerman is, indeed, bring a more "federal court" attitude with him to state court, well, more power to him. It's time to raise the standards in state court practice, I think, just a bit anyway.

Greg Abbott

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Sent from the computer of:

Greg Abbott [EMAIL PROTECTED]
Linden Hills
13th Ward (612) 925-0630

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